(WOMENSENEWS) -- As Amy Moses sat
listening to the healthcare benefits that came along with being a
law student at George Washington University, it struck her that
there were some inequities.
It was 2001, and while the
university's plan covered abortion, it did not cover contraceptives.
A few weeks later, Moses, along with two unidentified classmates and
backed by women's health and legal advocates, filed a complaint with
the university claiming the explicit exclusion of contraceptive
coverage from the George Washington University Student Health
Insurance Plan constituted sex discrimination in violation of the
District of Columbia Human Rights Act and Title IX of the Education
Amendments of 1972, a federal law most often associated with women's
athletics.
The university responded by
changing its plan and including birth control pills and other
contraceptives.
"We are extremely gratified
that GWU has agreed to provide this coverage," Moses said.
"Not only is contraceptive coverage legally required, it is
sound public health policy. Every student health plan should include
contraceptive coverage."
It's a model that many students
and health care advocates hope will be followed.
"We think it's part of a
general trend of growing awareness about women's health care,"
said Dina Lassow, an attorney with the National Women's Law Center,
who signed on to Moses' request. "These discriminatory
practices are being examined and overturned."
Leslie Brueckner, another
attorney who supported the request, added, "This may be the
beginning of a tidal wave of policy change across the country."
On staff with the Trial Lawyers for
Public Justice, Brueckner added, "We hope to pursue a
campaign with other universities."
Moses Applied a Landmark Lawsuit
to Universities
Moses' request is the first to
apply Erickson v. Bartell Drug Company, a 2001 federal court
ruling ordering an employer to cover contraceptives if it covered
illness-prevention drugs, to university student health care plans.
The Erickson ruling was based in part on a December 2000 decision by
the Equal Employment Opportunity Commission, which found that
contraceptive exclusions violate Title VII.
The attention to contraceptive
coverage, based on the Erickson lawsuit, has led to more than 20
states passing laws requiring state-regulated insurance plans to
cover birth control pills, diaphragms, Depo-Provera and other forms
of prescription contraceptives.
Last year's federal ruling in the
Erickson case did not apply to schools, but Moses' lawyers
argued that the gender-equity rules applying to schools that receive
federal funds should extend the same logic to college health plans.
Although Title IX, which requires gender equality at educational
institutions, is applicable to universities, no known attempt has
tried to apply it to contraceptive coverage, said Donna Lee, an
attorney for Planned Parenthood, who also signed on to Moses'
request.
"When we realized it was a
concern for students, we tried to make an accommodation," said
Linda A Donnels, dean of students at GWU. "We looked at the
possibilities and found one that worked."
Other administrators may find
themselves examining contractive-inclusive health care plans soon.
Lassow said students at other schools have contacted her to express
interest in fighting for equal coverage, including the University of
Virginia, the University of South Carolina, the University of
Illinois and the Catholic University of America.
Additional universities may
voluntarily make changes as the contraceptive issue is in the
spotlight.
A few months prior to the George
Washington University decision, University of Delaware student Karen
Gaffney requested that the university cover contraceptives under its
student health plan. Planned Parenthood of Delaware advocated for
Gaffney and the other students, which led to the university
voluntarily adding contraceptive coverage to its plan.
"It's a huge problem,"
Lee said of the lack of coverage for women's contraceptives.
"Because of the George Washington example, female students have
become more aware of the inequities. They have looked at their plans
and want to see some changes."
Religious Institutions Are Not
Exempt
The situation at Catholic
University and Georgetown University, both in Washington, is
different than that of the state schools as their health plans
prohibit contraceptives in accordance with Roman Catholic doctrine.
The schools maintain that they have a legal right to follow their
religious mission.
Lassow argues that there is no
exemption to Titles VII and IX for Catholic educational
institutions, particularly when they accept federal funds. Almost
every public and private university in the country accepts some form
of federal funds, most often as part of work-study programs.
Only 1,500 of GWU's 20,000
students are enrolled in the plan that was changed, according to
Donnels. Most others are covered by their parents' or employer's
health policies. Approximately one-third of U.S. universities offer
students optional prescription drug coverage and about half of those
plans cover contraceptives, according to Stephen L. Beckley
Associates, Inc., a health care management and benefit consulting
firm.
Some schools have argued that
low-cost birth control pills are offered through student health
clinics. Law and health care advocates don't accept that argument.
Lassow said that at George Washington, the wait to get an
appointment with a doctor can be weeks away.
"It looks good on paper, but
not in practice," she said. "For too long, women's health
has been given second-class status. But when Viagra came on the
market and health insurance started to cover it, women began to ask:
'Why don't you cover my pills?' Now we are beginning to get some
answers."
Kimberly Wilmot Voss has been a
journalist for the past decade. She is a journalism professor at the
University of Wisconsin-Stout.